Urban County Council Meeting - Zoning Public Hearing

Summary

Meeting Overview

The Urban County Council met on April 15, 2014, at 5:00 p.m. in the Council Chambers at Lexington-Fayette Urban County Government, located at 200 E. Main St, Lexington, KY 40507. Council Member Ellinger presided over the meeting.

The council considered one agenda item: an ordinance to change the zoning of a property from Agricultural Urban (A-U) to Planned Neighborhood Residential (R-3) with conditional zoning restrictions. This ordinance was approved by the council.

During the meeting, the council took five motions and votes and heard nine public comments from members of the community.

Attendance

Present: Ellinger, Scutchfield, Stinnett, Beard, Clarke, Farmer, Ford, Kay, Mossotti, Myers

Absent: Akers, Gorton, Henson, Lane, Lawless

Late: None

Votes and Decisions

Motion 0173-14: Adopt findings of fact to disapprove the zone change request 1:19:30

Motion by Stinnett, seconded by Scutchfield. This motion failed on a roll call vote with 6 ayes and 4 nays.

Voting in favor: Scutchfield, Stinnett, Beard, Clarke, Farmer, Ford

Voting against: Ellinger, Kay, Mossotti, Myers

Motion 0173-14: Amend conditional zoning restriction to cap units at 45 1:21:05

Motion by Stinnett, seconded by Scutchfield. This motion passed unanimously on a roll call vote with 10 ayes and 0 nays.

Voting in favor: Scutchfield, Stinnett, Beard, Clarke, Ellinger, Farmer, Ford, Kay, Mossotti, Myers

The amendment added a condition limiting development to no more than 45 single-family residential units.

Motion 0173-14: Adopt findings of fact for approval as amended 1:23:19

Motion by Scutchfield, seconded by Beard. This motion passed on a roll call vote with 8 ayes and 1 nay.

Voting in favor: Scutchfield, Beard, Clarke, Ellinger, Ford, Kay, Mossotti, Myers

Voting against: Stinnett

The approval included the condition of no more than 45 single-family residential units.

Motion 0173-14: Approve the ordinance changing zone to R-3 with conditional zoning as amended 1:28:48

Motion by Scutchfield, seconded by Myers. This motion passed on a roll call vote with 8 ayes and 1 nay.

Voting in favor: Scutchfield, Stinnett, Beard, Clarke, Ellinger, Kay, Mossotti, Myers

Voting against: Ford

The ordinance approval maintained the condition of no more than 45 single-family residential units.

Motion 0173-14: Reconsider findings of fact to add traffic impact study requirement 1:26:06

Motion by Ford, seconded by Myers. This motion was withdrawn and did not proceed to a vote.

Public Comment

Nine residents provided public comment on traffic, safety, and environmental concerns related to the proposed development.

Traffic and Road Safety Concerns

Hart Graves [00:34:28] expressed concern that 45 new homes would increase traffic on Grafton's Mill Road and Liberty Road, particularly near Liberty Elementary School, creating safety hazards and congestion.

Karen Eagle [00:37:25] shared personal experiences of dangerous traffic conditions on Grafton's Mill Road, including multiple accidents and long waits to turn left. She warned that adding 90 more cars would overwhelm the area.

Miles Magyar [00:46:24] described personal experiences with dangerous speeding and accidents on Grafton's Mill Road and questioned whether the developer would maintain roads during construction.

Access and Emergency Services

Steve Goss [00:39:14] raised concerns about evening traffic and sun glare on Grafton's Mill Road, and noted the lack of alternative access to the proposed development, citing the current private status of Woodward Lane.

John Arriballo [00:48:41] stated that Grafton's Mill is the only access point to the neighborhood and warned that additional development would worsen congestion and hinder emergency vehicle access.

David Royce [00:51:09] provided legal documentation proving that Woodward Lane is a private road and argued that the city should purchase the road to improve safety and access.

Larry McCaslin [00:53:18] warned that on-street parking on Grafton's Mill Road could block emergency vehicles and delay response times during emergencies.

Environmental and Infrastructure Concerns

Samantha Frederick [00:40:51] highlighted congestion at the New Circle-Liberty Road intersection due to buses and proposed traffic, and expressed concern about potential contamination from a high-pressure gas line.

Jimmy Eads [00:44:38] expressed concern that the land may still be polluted from Columbia Gas's past operations and warned against building near a high-pressure gas main.

Contested Items

Traffic and Infrastructure Concerns

Residents raised significant concerns about traffic congestion, safety, and inadequate infrastructure during the meeting. Multiple speakers cited personal experiences and safety risks, with particular focus on Grafton's Mill Road and the area near Liberty Elementary School. The community opposition centered on whether existing infrastructure could adequately support the proposed development.

Environmental and Safety Risks from Gas Line

Several residents and the Danby Corners Neighborhood Association expressed opposition regarding potential environmental and safety hazards. Their concerns focused on the risk of contamination and the proximity of the proposed development to a high-pressure gas line. Residents cited past incidents involving the gas line and noted the lack of public access to relevant safety information, raising questions about the adequacy of safeguards for the nearby community.

Private Road Access and Legal Status

A procedural dispute emerged regarding the classification of Woodward Lane. Property owners provided legal documentation to support their position on the road's status, while the city confirmed that Woodward Lane is a private road. This disagreement over whether the road is private or public had direct implications for access rights and the feasibility of the proposed development plans.

An Ordinance changing the zone from an Agricultural Urban (A-U) zone, to a Planned Neighborhood Residential (R-3) zone with conditional zoning restrictions

The Urban County Council held a public hearing on a zone change request for property located at 690 Woodward Lane. The proposal sought to rezone 9.77 net acres from Agricultural Urban (A-U) to Planned Neighborhood Residential (R-3) zoning, along with 0.0 net acres from R-1B to R-3. 14:22

The Planning Commission had previously recommended approval of the zone change with a conditional zoning restriction that would limit development on the property to a maximum of 83 units.

Public Testimony and Concerns

Multiple speakers participated in the public hearing, including Bill Sallee, Jihad Hallany, Hart Graves, Karen Eagle, Steve Goss, Samantha Frederick, Jimmy Eads, Miles Magyar, John Arriballo, David Royce, and Larry McCaslin. Public opposition to the proposal centered on several key concerns:

• Traffic and safety issues
• Environmental concerns
• Access-related problems

Outcome

The ordinance was approved by the Urban County Council.